Protecting the Due Process Rights of Defendants
If you are the subject of an investigation or you have been charged with a crime in Westchester County, you must take action to safeguard your future, liberty, and reputation. Even if you have not yet been arrested and charged, the government has an enormous arsenal of resources and extensive manpower that can be directed towards building a case against you. The police or federal agents might show up at your door asking for permission to search your home or to interview you. The way you handle an initial confrontation with law enforcement authorities can have a significant impact on your future.
Pre-Charge Intervention – Defending You during Criminal Investigations
When our Westchester County Criminal Defense Attorneys at Greco Neyland, PC are retained during the investigation stage of a criminal case, we work diligently to constrain the scope of the investigation and protect our client’s interests during interviews. Our approach to pre-charge intervention exemplifies are philosophy of challenging every aspect of a criminal case from the initial stages of a law enforcement investigation through the conclusion of a criminal case.
From the moment we are retained, we work with investigators to identify aspects of the prosecutor’s case where the evidence is lacking and to highlight constitutional violations by law enforcement officers. Our ability to dissect the government’s case allows us to influence the prosecutor’s utilization of his discretion when deciding on the criminal charges that should be filed. By aggressively attacking the prosecutor’s case during the investigation phase, we can make the prosecutor question the merits of potential charges. This often results in a dismissal of the charges or the filing of fewer or less serious charges.
While some criminal defense attorneys might simply go through the motions while waiting for the prosecutor to file charges and to offer a plea agreement, our Westchester County criminal defense lawyers focus on dismantling the prosecutor’s case. We believe that when people’s future and liberty are at stake, they are looking for someone to zealously challenge evidence and witnesses rather than to simply sell their client out. While many criminal defense law firms plead out 9 out of 10 cases, we approach a case with the attitude that we are headed to trial unless the prosecutor accepts a resolution on the best possible terms for our client.
DWI-Related Charges in Westchester County
If you are driving home from a sporting event, party, or bar, the sight of flashing cruiser lights in your rearview mirror can be a terrifying experience. Conviction of an intoxicated driving type offense, such as DWI, can result in loss of your driving privileges, jail time, fines, a criminal record, and more. Many people presume that there is little reason to fight alcohol and drug-related driving charges because a conviction based on standardized field sobriety tests (SFSTs) and chemical testing of breath, blood, or urine is almost automatic.
This misconception is based on the notion that SFSTs and chemical testing for drugs or alcohol is based on highly reliable science. The reality is that SFSTs frequently return a false positive indication for intoxication. This lack of accuracy is magnified when the officer is improperly trained or he fails to meticulously comply with detailed procedures for administering SFSTs. In other cases, people can perform poorly for reasons that have nothing to do with an intoxicating substance, such as injury or illness.
Our Westchester County DWI defense attorneys also have the skill and experience to attack the reliability of chemical testing. Breath testing results can be compromised by a range of factors that include the following:
- Failure of the officer to observe a driver during the mandatory waiting period;
- Improper maintenance or calibration of the breath testing device;
- Diabetes or low carb diets (such as Adkins®); and
- Rising blood alcohol between the time of the stop and test.
While chemical testing of blood can be more accurate, we also challenge this form of testing based on contaminated samples, improper mixing or storage, and other grounds. Our founding attorneys have extensive experience defending many people charged with intoxicated driving offenses, as well as knowledge that comes from prosecuting such cases as former Assistant District Attorneys. This experience has equipped us with the knowledge to present a compelling defense in cases involving drug and alcohol-impaired driving offenses throughout Westchester County.
Federal Criminal Defense in Westchester County
While criminal charges in the state courts of New York can carry significant penalties, federal cases in the Southern District Federal Courthouse or Eastern District Federal Courthouse can be far more frightening. While judges in New York State Court have significant discretion in sentencing, sentencing in Federal Court primarily is based on the Federal Sentencing Guidelines. This harsh sentencing system frequently includes mandatory minimum sentences and maximum sentences that entail decades or life in prison.
The federal government has entire federal agencies with seemingly limitless resources to devote to building criminal cases. Federal prosecutors also frequently charge offenses like drug crimes as a conspiracy, which permits the government to encompass many people, including some defendants with very limited roles. If you are convicted of a federal drug conspiracy, the sentence is the same as the target offense. Therefore, a person may be charged as a conspirator in this situation even if his or her role was nominal, such as storing the drugs for a very a short period of time.
There are other reasons that you cannot afford to go into federal court without an experienced criminal defense attorney who regularly handles federal crimes. Probation in the traditional sense does not exist if you are convicted of a federal crime, so you will serve at least 85-90 percent of your sentence if you are convicted of a federal crime. The skill and resources available to federal law enforcement agencies also will typically be far more significant than when you deal with state law enforcement.
Many criminal defense attorneys practice almost exclusively in New York State Court. When you are facing charges in a federal courtroom, the evidentiary rules, procedures, and sentencing structure are very different. If you are a suspect or target in a federal criminal case or you have been charged with a federal offense, our experienced Westchester County federal criminal defense lawyers have the specialized knowledge to defend you when facing a lengthy term in a federal penitentiary.
At Greco Neyland, PC, our Westchester County law firm represents clients facing the full spectrum of criminal offenses from misdemeanor charges like DWAI, assault, and prostitution in State Court to serious felonies like drug trafficking in the Southern District Federal Courthouse and Eastern District Federal Courthouse. We offer a free consultation to address your questions and discuss your options. Call us today at (914) 358-9146 or click here to schedule your free consultation.